All Articles
Everything MLRC has published, in any publication, since 2017.
North Carolina Federal Court Upholds State Ban on Ballot Selfies
Sydney GriffithIn Hogarth v. Bell, the court narrowed the case to the plaintiff’s in-booth conduct, treated the polling place as a nonpublic forum, and upheld the challenged statutes as reasonable, viewpoint-neutral restrictions.
SLAPPs as a Tool to Silence the Press: How Brazil Is Responding to a Growing Threat
Simone Lahorgue NunesRaising public awareness about SLAPPs – and about the threat they pose to democratic debate – is a crucial first step. Only by acknowledging the problem can Brazil move toward a more robust legal framework capable of safeguarding the right to inform, and to be informed, on matters of public interest.
MLRC’s March Conferences Spotlight Escalating Legal Challenges at Home and Abroad
George FreemanMLRC's Latin American Conference, held in Miami, and Entertainment Conference, in Los Angeles, were both massive successes.
Ten Questions to a Media Lawyer
Al-Amyn SumarNew York Times lawyer on his start in the business, defending Max Frankel, D.C. must-sees and how to win the Times as a client.
Substantial Similarity in Sedlik: The Potential Reckoning of Copyright’s “Intrinsic Test” in the Ninth Circuit
Nancy Wolff and Isabella HyunAlthough Kat Von D won the battle in this case, she may not have ultimately won the war. The days of the Ninth Circuit’s “intrinsic test” may be numbered, as evidenced by the many and detailed criticisms by scholars, practitioners, and now by the court itself.
Texas Pickleball-Tennis Feud Defamation Case to Proceed
Matt KristoffersenA Texas pickleball supporter can proceed with his defamation lawsuit against a homeowner’s association member after she allegedly implied he was a “pervert, pedophile or sexual predator” at a board meeting.
New Jersey Court Denies Anti-SLAPP Motion in Political Speech Case
Bruce S. RosenThe New Jersey Appellate Division has issued a published decision on New Jersey’s anti-SLAPP law that appears to undermine the statute’s processes, while also potentially retreating from that court’s explicit requirements for pleading actual malice and the state’s strongly defined tolerance for hyperbolic political speech.
Washington UPEPA Appellate Decision Holds Parishioner’s Statement That Encounter with Pastor Was “Rape” Is Not Defamatory
Theo A. Lesczynski and Eric M. StahlIn a decision that strengthens First Amendment protections for sexual assault survivors who choose to speak out, the Washington Court of Appeals dismissed a pastor’s defamation lawsuit against a parishioner who characterized a sexual encounter with him as “rape.”
Court Quashes Journalist Subpoena Under New York Shield Law
Michael Martin LinhorstThe Third Department Appellate Division quashed a subpoena seeking the identity of a journalist’s unnamed but non-confidential source, reaffirming the high bar New York’s Shield Law sets for obtaining any unpublished information from a journalist.
Tennessee Court Expands Access to Executions for Media Witnesses Based on the First Amendment and State Law
Claudia Liss-Schultz and Allyson VeileA Tennessee trial court joined the Ninth Circuit and the Middle District of Pennsylvania in holding that there is a First Amendment right of access to executions.
The Assault on Freedom for the Thought — and Speech — We Hate: Stifling, Restraining and Punishing Criticism and Protests
George FreemanOvercoming Trump's authoritarian maneuverings to shut up all dissenting views and shut down all opponents will be a prolonged fight. It will only be won if those being stifled and restrained, including media companies and law firms, take collective action and work together in a courageous and cohesive way to resist those who would minimize…
January 6, 2021: Saving the Truth from the Whitewash
Lauren Russell, Chuck Tobin, and Max MishkinBefore, the work for the coalition was about providing contemporaneous access to the evidence. Now, the mission pivoted to preserving history, making sure the truth about January 6 is never capsized in the waves of propaganda.
Hot for Teaching: Rock & Roll Hall of Fame Prevails on Transformative Educational Fair Use Defense
Darren W. FordWith two of the four factors weighing in favor of the museum, and only one weighing "slightly" in favor of Zlozower, the district court held that the museum's use of the Van Halen photographs was fair use and dismissed the complaint.
MLRC 2025 Annual Meeting
The Media Law Resource Center’s Annual Meeting was held on Nov. 5, 2025, at Gotham Hall in New York City.
Ten Questions to a Media Lawyer
Bruce RosenGarden state lawyer on his start in the business, major cases, Springsteen, Hoffa, the best slice in New Jersey, and more.
Defense Counsel Section Reviews Year’s Accomplishments and Plans for 2026
A report from the November annual meeting of the full Defense Counsel Section held in New York City.
Update on Australian Privacy Law – New Tort of Serious Invasion of Privacy
Patrick Considine and Peter BartlettWhile we await more extended and substantive judicial consideration of this novel cause of action, the initial two cases provide guidance as to how the tort may be interpreted in future, as well as key pressure points which are likely to influence litigation in this space.
Eleventh Circuit Holds Florida’s Social Media Age-Gating Law Likely Survives First Amendment Scrutiny
Jeff HermesHB3 imposes restrictions and obligations on social media services that exceed a threshold number of younger users, use algorithmic content recommendation based on user information, and implement one or more defined “addictive features.” The Court of Appeals held in a 2-1 decision that HB3 was likely to survive intermediate scrutiny, warranting a stay.
Ohio Supreme Court Rules That On-Duty Police Can Be Crime Victims Under ‘Marcy’s Law’
Jack GreinerThe majority opinion rejected The Dispatch's arguments that voters who approved the Constitutional amendment would not have understood the amendment to cover police officers acting in the line of duty.
Confessions of an Architectural Tortfeasor: The Buying Beverly Hills Lawsuit
Zoe TakalaAt the center of Dinho is a freedom-of-expression problem with two deceptively simple questions: Can a third party be held responsible for someone else's intrusive acts? And does any form of privacy right extend to the places we live?
